STATEMENT BY

HER EXCELLENCY MRS. JULIA DOLLY JOINER

COMMISSIONER FOR POLITICAL AFFAIRS
AFRICAN UNION COMMISSION

AT THE


THE TWENTY-FIRST SESSION OF THE
HUMAN RIGHTS COUNCIL






Geneva, Switzerland : 12 September 2012


Madam President
Madam High Commissioner for Human Rights
Distinguished Members of the Human Rights Council
Representatives of Civil Society
Allow me first and foremost to reiterate, on behalf of the African Union Commission and
on my own behalf, sincere congratulations to Mme Navy Pillay on the commencement
of her second term as United Nations High Commissioner for Human Rights. Madam
Pillay's re-appointment to this office by the United Nations General Assembly, attests no
doubt to her sterling leadership qualities and exemplary stewardship over the years in
the execution of her duties towards the realization of our collective aspirations for a life
of dignity and full enjoyment of human rights. Your invaluable contributions, Madam
High Commissioner, have been hallmarks and we cannot but wish you all the success
as you continue to propel the rights that we uphold high among the priorities of the
international community.
I would also like to renew to the African Group in Geneva my profound appreciation for
all the dedicated efforts and significant contributions to the work of the Human Rights
Council, and not least for the steadfast determination in bringing their individual and
collective expertise and experiences to bear in advancing the Council's agenda.

Madam President,

The Human Rights Council will consider during its current Session, the Report on
Extreme Poverty and Human Rights. For obvious reasons, the mandate on Extreme
Poverty and Human Rights in general and the fight against poverty in particular are of
utmost importance for Africa. In this regard, the proposed final draft of the revised
guiding principles on Extreme Poverty and Human Rights deserves all our attention with
a special focus, as highlighted by the Special Rapporteur, on the need to understand
the manifestations, attributes and social dynamics of extreme poverty in a given context
or country in order to develop an efficient implementation strategy. Our approach as we
proceed in our deliberations should not be a game of blame and shame but one that
encourages open and frank dialogue in our collective bid at national, regional and
international levels, to alleviate the plight of the poor who lack the very basic needs for a
life in dignity.

In our humble opinion, the draft guiding principles would have gained a wider outreach if
the issue was addressed within the framework of a more holistic approach to fight
poverty and accordingly placed the lack of development as the root cause of poverty.
Closely related to this, it has become evident at this stage that the realization of the
Millennium Development Goals by 2015 have been adversely challenged by a number
of unforeseen phenomena, including climate change and conflicts, and consequently
that our targets will not be reached in spite of the many commendable efforts deployed.
In re-echoing the affirmation of the High Commissioner that "the report card is mixed
and is likely to remain so, we are however of the conviction that we should not relent in
our determination to build on the progress made towards achievement of the goals we
set ourselves in 2000, even if partially.

Not the least significant, we are delighted to note that cooperation between the
universal and the african human rights mechanisms is currently reaching a very
significant step toward establishing the desired synergies and complementarities in the
promotion and protection of human rights. At the level of the African Union, the African
Union Commission facilitated a series of consultations between the two systems, the
latest of which was a meeting involving special procedures mandate holders of the
Human Rights Council and of the African System. The visit of the President of the
African Court on Human and Peoples' Rights to Geneva barely two weeks ago offered
the opportunity to initiate the process of establishing a continuous cooperation with UN
mechanisms and structures, including Treaty Bodies, the Human Rights Council, the
Office of the High Commissioner for Human Rights and with Civil Society. These
laudable developments are most encouraging and we at the Commission will spare no
effort to generate greater synergies and more visible impact through the strengthening
of the cooperation between all our respective mechanisms.

Madam President,

Some African countries, Member States of the African Union continue to be under the
watch of the Human Rights Council. With particular reference to the situations in Mali,
Somalia and The Sudan all of them either under the technical cooperation theme or the
situations that require the attention of the Council, I wish to share with a few
perspectives on the African Union's reaction to these individual cases.

On Mali, the African Union has strongly condemned at the highest level, the
unconstitutional change of government and imposed sanctions against the illegal
authorities in that country. In June 2012, in the margins of the Council's 20
th
Ordinary
Session, the African Group and several humanitarian agencies launched an
international appeal to address the humanitarian situation not only in this country but
also in other concerned countries in the Sahel region. This laudable initiative and its
outcome should be supported and exploited by the international community in order to
deliver the necessary and most urgent assistance to the affected peoples in the sub-
region.

In addition to the recent efforts by the Interim President to manage and bring order to
the situation in Mali and the mediation efforts by the Economic Community of West
African States (ECOWAS), the African Union Peace and Security Council (PSC) on 04
September 2012, denounced the abuses and violations of human rights in Mali and
warned that perpetrators will be held accountable for their actions. More concretely, the
PSC welcomed the initiative of the African Commission on Human and Peoples' Rights
to open an investigation on the human rights situation in Northern Mali.

This effort coupled with the planned visit of the Office of the High Commissioner for
Human Rights to be lead by its Assistant Secretary General will contribute significantly
to addressing the multidimensional challenges Mali faces today particularly as regards
the human rights situation as we seek to evolve a lasting solution to the crisis.

Following the nomination of the new Independent Expert for The Sudan, we encourage
the authorities to cooperate fully within the framework of the technical cooperation and
capacity building mandate, in the quest towards providing the people of The Sudan, the
highest standards for the promotion and protection of their human rights. Indeed, the
efforts of the Council in support of the peace process in The Sudan have not fallen short
of positive results. Laudable too is the progress in the negotiations between The Sudan
and South Sudan. The continued cooperation between this Council and the African
Union however remains vital to bringing about sustainable peace between the two
countries.

On Somalia, under a Human Rights Council mandate on technical cooperation over the
last ten years, it is our expectation that the recent election of the President of the
Republic, a sign of democracy institutionalization after over twenty years of war, will
pave the way for the establishment of an effective government to oversee the country's
development process. The deployment of troops for AMISOM by African Member States
must be commended, but just as significantly, their continued intervention and the
support of international community to Somalia and her peoples remain of greater
necessity.

Parallel to these, the African Union through its Peace and Security Council is closely
monitoring the situation on the ground in the Democratic Republic of Congo and
continues to call on all actors to uphold the human rights standards and protect the
rights of the peoples in conflict zones. To this end, the African Union is working hand in
hand with countries in the region to reach a sustainable peace settlement. We therefore
call on the international community to support our efforts, thereby providing a conducive
environment for the promotion and protection of human rights.

As regards the other situations in some African countries highlighted in the High
Commissioner's statement as requiring the attention of the Council, the African Union in
close collaboration with its relevant organs and the international community, continues
to follow closely all potential human rights violations and will spare no effort to address
them whether from a preventive perspective or by addressing challenges when they
occur.

Madam President,

The fight against racism, racial discrimination, xenophobia and related intolerance
continues to be of paramount importance to the AU and its Member States.
Notwithstanding increased attention and some improvements in this area, a lot more
needs to be done to ensure a higher level of implementation of the Durban Declaration
and its Plan of Action (DDPA). It is heartening to note that an agenda delineating the
themes related to racism, racial discrimination, xenophobia and related intolerance, has
been agreed and will discussed during the next session by all regional Groups. Taking
into account the tremendous amount of time that we usually lose on setting the agenda,
this agreement in itself signifies real progress and must be commended.

In the context of a bilateral perspective, the African Union and European Union Joint
Workshop on Racism organized in June 2012, provided a most welcome moment and
positive atmosphere for better understanding of perspectives which resulted in joint
contributions to the UNGA resolution A/RES/66/164 of December 2011 entitled "Global
Efforts for the Total Elimination of Racism, Racial Discrimination, Xenophobia and
related Intolerance and the Comprehensive Implementation and Follow-up to the
Durban Declaration and Programme of Action. Among other recommendations, the
Workshop emphasized the importance of periodic dialogue on all issues and we believe
this is one sure way of making things happen thereby creating a real difference in the
lives of the victims of racism, racial discrimination, xenophobia and related intolerance.
The Commission will leave no stone unturned to enhance dialogue with all partners in
all fields.

2011 marked the Year for the People of African Descent. Although some progress has
been recorded through the work of the Working Group of Experts on People of African
Descent, our collective responsibility to ensure that the proposed agenda for the
Decade for People of African Descent is adopted at the UN General Assembly, remains
paramount if we are resolute to make a real difference in the lives of the people of
African descent.

Madam President,

During the current session, the Council will take action on the Universal Periodic Review
(UPR) Reports of three African countries: Tunisia, Algeria and South Africa. After a
successful first cycle, States in all regions are currently embarking on laborious efforts
towards the implementation of recommendations, which can be a real challenge
especially for small States and States with limited resources. Technical assistance,
exchange of experiences and best practices, and integration of local constraints are
three main pillars to be taken into account while implementing or assessing the
implementation of recommendations.

The operationalization and accessibility of the Voluntary Fund for financial and technical
assistance in the UPR, established by HRC resolution 6/17 of 28 September 2007, is
both crucial and urgent. In this regard, the African Union Commission calls upon all
States to massively contribute to this Fund in order to secure the success and impact of
the UPR mechanism on the enjoyment, protection and promotion of human rights.

Madam President,

While reaffirming my personal conviction, that of the African Union Commission and
indeed the African Human Rights System in its entirety, in the ability of the Human
Rights Council to always deliver on its mandate, kindly permit me to conclude by
expressing our earnest expectation that the deliberations of this Session will translate
into concrete actions towards the fulfillment of the aspirations of human rights for all.

I wish you fruitful deliberations and thank you for your attention.